Abdalla v. State Highway Commission
Supreme Court of North Carolina
Appeal by plaintiffs from Braswell, J., May 1963 Session of JohN-ston. Proceeding for -compensation -f-or the alleged taking -by eminent domain of an easement of access to a public highway.
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Appeal by plaintiffs from Braswell, J., May 1963 Session of JohN-ston. Proceeding for -compensation -f-or the alleged taking -by eminent domain of an easement of access to a public highway. In 1956 defendant, State Highway Commission, in furtherance of a project ito -construct -that portion of Interstate Highway 95 -in the vicinity of its proposed intersection with U. S. Highway 70A near Selma, North Oar-alma, negotiated with -the h-eiais at law of Tom Abdalla, including male -plaintiff, for the purchase of -an easement of right-of-way on -and -over -a portion of -a -tract o-f land owned by…
1Opinion of the CourtMoore, J.
Plaintiffs assign as error the action of the court in entering the judgment of nonsuit.
The action was nonsuited on the theory that it is barred by the statute of limitations. Conceding for the purpose of this appeal, but not -deciding, that the court erred in its ruling -on the plea in bar, we nevertheless hold that -the judgment must be affirmed for it clearly appears from the record that the defendant is entitled to a dismissal of the action as a matter of law. The rights of the parties are fixed and controlled by the “Right of Way Agreement” and defendant has accorded to plaintiffs all the…
2Cases cited16 opinions
- Breinig v. Allegheny CountySupreme Court of Pennsylvania · 1938
- Warren v. Iowa State Highway CommissionSupreme Court of Iowa · 1958
- Barnes v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1962
- Wells v. ClaytonSupreme Court of North Carolina · 1952
- Hedrick v. GrahamSupreme Court of North Carolina · 1957
11 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Moses v. State Highway CommissionSupreme Court of North Carolina · 1964
- Wofford v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1965
- Snow v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1964
- Smith v. Commissioners of Public WorksCourt of Appeals of South Carolina · 1994
- Frink v. North Carolina Board of TransportationCourt of Appeals of North Carolina · 1975
18 more not listed; retrieve them via the Exa API.